Eviction Process in Alaska

Guide to the Eviction Process in Alaska

If you are being evicted in the state of Alaska, you may not know how to proceed. Learning about the eviction process in Alaska can help you understand your rights and options under the law. After reading this guide, you will understand the steps involved in the eviction process in Alaska and how long each step will take.

Notice to Quit

In Alaska, evictions start when a landlord gives you a “notice to quit.” Your landlord may give you this document personally, or he or she may send it by certified mail. During the winter months, your landlord cannot begin the eviction process in Alaska if you live in a mobile home, but if you live in a house or apartment, your landlord may start eviction proceedings at any time, even in the winter.

Depending on the reason your landlord is filing the notice to quit, you may have several different timeframes before the eviction process in Alaska can continue. If you have failed to pay rent, for instance, you have seven days to pay or face eviction proceedings.

If you breach your lease, for example, by having a pet in a no pets allowed residence, you will have ten days to remedy the situation. However, if your breach is due to illegal activities, you have only five days, and if you are being evicted due to causing more than $400 in damage to the property, your landlord only has to give you 24 hours of notice before taking further steps in the eviction process in Alaska.

Court Filings and Hearings

If you do not vacate your residence or cure the problem that caused the eviction notice, your landlord can file a lawsuit in Alaska courts. The lawsuit that is part of the eviction process in Alaska is called a “forcible entry and detainer” suit. After your landlord files this suit, you will have 20 days to file an answer with the court.

Two hearings are set in the eviction process in Alaska. The first hearing determines only who has a right to the residence in question. The second hearing determines whether your landlord is entitled to any damages, like late rent or court costs.

You do not have to show up to your hearing, but if you do not, your landlord will win by default and the eviction process in Alaska will continue.

Writs of Restitution and Filing an Appeal

If your landlord wins in court, the court will issue a “writ of restitution” that spells out how long you have to vacate your property before facing removal by the sheriff. You will be served the writ of restitution by the landlord, a constable or a process server.

There is no reason to wait to be forcibly removed (which can be an embarrassing process). You will have several days to remove your personal property and yourself from the premises. Your landlord cannot remove you himself, but must wait for the sheriff to remove you legally from the premises. If you leave personal property on the premises, your landlord can sell it or dispose of it in 15 days. You may be required to pay storage or disposal costs.